1. Application Of Terms And Conditions Of Service
These Terms and Conditions of Service (“Terms and Conditions”) apply to switching services furnished by MARK TWAIN LONG DISTANCE, INC. hereinafter referred to as the “Company,” with its principal address at Highway 6 East, Hurdland, Missouri, 63547, for the provision of Interstate Telecommunications Service for communications initiated from locations between and among domestic points in the United States, and for the provision of International Telecommunications Service from its points of presence in the United States to international points, as specified herein. Service is furnished subject to the availability of facilities and subject to transmission, atmospheric and like conditions by wire, cable, radio and/or a combination thereof. Service is available 24 hours a day, seven days a week. By accepting Company’s Service, you (the “Customer”) agree to the terms and conditions set forth herein.

From time to time, the Company shall offer special promotional offerings allowing special discounts or modifications of its regular service offerings to its Customers. Such offerings may be limited to certain dates, times, and locations.

Company may modify these Terms and Conditions upon advance written notice to Customer. The most current version of these Terms and Conditions can be found on Company’s website at www.marktwain.net or at Company’s business office at Highway 6 East, Hurdland, Missouri, 63547 between the hours of 8:00 a.m. to 12 p.m. and from 12:45 p.m. to 4:45 p.m. Monday thru Friday except Holidays. Any changes to Terms and Conditions become effective on the Effective Date set forth in the written notice. By continuing to accept Company’s Service after the Effective Date, Customer agrees to the Terms and Conditions as modified.

When services and facilities are provided in part by the Company and in part by other companies, these Terms and Conditions apply to that portion of the service or facilities that it supplies.

2. Rules and Regulations
The services furnished herein are for the transmission and reception of voice, data and other types of communications. Services provided pursuant to these Terms and Conditions may be utilized only for the transmission of communications by Customers consistent with the terms of these Terms and Conditions, and the rules and regulations of the Federal Communications Commission.

Service is offered subject to the availability of the necessary facilities and/or equipment of the Company and/or the local exchange carrier serving the customer. The Company reserves the right to provide services to and from locations where the necessary facilities and/or equipment are available.

(A) Cancellation by the Customer
Service may be canceled by the Company promptly upon receipt of a cancellation request from the Customer. This request does not need to be in any particular form. Upon cancellation, a final bill will be prepared. In the case of service for which the initial period is less than one month, charges for one full month shall apply.

(B) Toll-Free Numbers
(1) The Company will make every effort to reserve “800/888/877” toll-free vanity numbers on behalf of Customers, but makes no guarantee or warranty that the requested “800/888/877” number(s) will be available or assigned to the Customer requesting the number.

(2) If a Customer accumulates undisputed past-due charges, the Company reserves the right not to honor the Customer’s request for a change in “800/888/877” service to another carrier (e.g., "porting" of the toll-free number), including a request for a Responsible Organization (Resp Org) change, until such time as all charges are paid in full.

(3) “800/888/877” numbers shared by more than one Customer, whereby individual Customers are identified by a unique Personal Identification Number, may not be assigned or transferred for use with service provided by another carrier. The Company will honor Customer requests for change in Resp Org or “800/888/877” service provider for “800/888/877” numbers dedicated to the sole use of that single Customer.

(C) Customer Complaints
A Customer may complain to the Company in person, by telephone, or in writing. Upon receipt of a Customer complaint, the Company shall promptly investigate the matter. Records shall be maintained for two (2) years from the date of resolution of the complaint. If a complaint is not resolved, the Company shall inform the Complainant of his/her right to file a complaint with the Commission and shall give the Complainant the address and telephone number of the Commission.

(D) Customer’s Contact
The Company shall permit all Customers to contact the Company’s representative without charge from their primary exchange.

(E) The Customer is responsible for payment for all calls placed using the Company’s 1+, 0+, 0-, credit card, and/or 800 Service:

(1) via the Customer’s local telephone service number(s);

(2) via dedicated access lines to the Company facilities and/or network;

(3) via the Customer’s 800 Service number(s) either intentionally or mistakenly placed;

(4) originated at the Customer’s number(s);

(5) accepted at the Customer’s number(s) (e.g. collect calls); and

(6) billed to the Customer’s number(s) via third number billing.

3. Use of Operator Services
The rates and regulations contained in these Terms and Conditions of Service Agreement do not apply to services provided by a local exchange company or other common carrier for use in accessing the services of the Company.

Operator Service as provided by Mark Twain Long Distance, Inc. includes live operator and/or automated operator functions, for the purpose of assisting in the processing of telephone services such as: long distance via collect calls, calling card calls, or third party billed calls. Mark Twain Long Distance, Inc. operators may be contacted by dialing 0+ the number desired or 0- the number desired. Calls will be billed at Mark Twain Long Distance, Inc. MTS service rates as set forth below plus the appropriate service charges as provided below:

4. Liability of the Company
(A) The Company shall be indemnified and held harmless by the Customer against:

(1) Claims for libel, slander, infringement of copyright or unauthorized use of any trademark, trade name or service mark arising out of the material transmitted over the Company's facilities; and

(2) Claims for patent infringement arising from combining or connecting the Company's facilities with apparatus and systems of the Customer; and

(3) All other claims arising out of any act or omission of the Customer in connection with any service provided by the Company.

(B) The Company shall be indemnified and held harmless from any and all loss, claims, demands, suits, or other action, whether suffered, made, instituted, or asserted by the Customer or by any other party or persons, for any personal injury to or death of any person or persons, and for any loss, damage, defacement or destruction of the premises of the Customer or any other property, whether owned by the Customer or others, caused or claimed to have been caused directly or indirectly by the installation, operation, failure to operate, maintenance, removal, presence, condition, location or use that is not the direct result of the Company's negligence. No agents or employees of other carriers shall be deemed to be agents or employees of the Company.

(C) The liability of the Company for damages arising out of mistakes, omissions, interruptions, delays, errors or defects in transmission occurring in the course of furnishing service, and not caused by the negligence of the Company, shall in no event exceed an amount equivalent to the proportionate charge to the Customer for the period during which the call was affected. No other liability shall in any case attach to the Company.

(D) The Company and/or Customer shall not be liable to the other for any failure of performance due to causes beyond its control, including fire, flood, epidemic, earthquake, other acts of God, explosion, strike or other labor disputes, riot or civil disturbance, war (whether declared or undeclared) or armed conflict, failure of common carrier or "carrier's carrier" or municipal ordinance, any state or federal law, governmental order or regulation or order of any court, or any other occurrence not within the control of Carrier or Customer, as the case may be.

5. Use of Service
Interstate and International Long Distance Message Telecommunications Service (LDMTS) may only be used to transmit communications of the customer and authorized users in a manner consistent with these Rates, Terms and Conditions of Services and the policies and regulations of the Federal Communications Commission (FCC) and Local and State authorities having jurisdiction over the service. It is the responsibility of the Customer to guard and protect against any unauthorized use of any Company issued codes to which billing may be charged.

In the event that the Company determines, based upon its sole judgment, that there is fraudulent use of either the services furnished by the Company or the Company’s network, the Company will without liability to the Customer discontinue service and/or seek legal recourse to recover from the Customer all costs involved in enforcement of this provision.

Service may be discontinued by the Company, without notice to the Customer, by blocking traffic to or from certain cities, or NXX exchanges, or by blocking calls using certain Customer authorization codes, such as calling card codes, which the Company deems, in its sole judgment, is necessary to take such action to prevent unlawful use of its services. The Company will restore service as soon as it can be provided without undue risk.

Without incurring any liability, the Company may discontinue the furnishing of service(s) to a Customer immediately and without notice if the Company deems, in its sole judgment, that such action is necessary to prevent or protect against fraud or to otherwise protect its personnel, agents, facilities or services.

The Company may, but is not required to, advise the Customer of abnormal calling patterns or other possible unauthorized use of facilities or calling cards assigned to the Customer. Additionally, the Company may, but is not required to, block calls on authorization codes which the Company believes to be unauthorized or fraudulent.

If a Customer utilizes a dedicated access line between the Customer’s premises and the Company’s service office for the origination or termination of calls, the Customer is responsible for payment of all charges for usage over that access line, including any usage which may be fraudulent or unauthorized.

With the use of the Company authorization codes, the Customer agrees to pay the Company all charges incurred as a result of any delegation of authority whether authorized or unauthorized resulting in the use of its Company authorization codes.

6. Payment Arrangements
(A) Payment for Service
The Customer is responsible for payment of all charges furnished to and incurred by the Customer or users for services furnished to the Customer by the Company.

Regular monthly bills are due and payable upon presentation.

Customers generally are provided one copy of the regular monthly bill. Additional copies may be provided at a charge of $.50 per each page copied.

(B) Taxes and Other Surcharges
Customer shall pay all sales, use, gross receipts, excise, access, or other Local, State and Federal taxes, charges or surcharges, however designated, imposed on or based upon the provision, sale or use of the Services (excluding taxes on Company's net income). Such taxes shall be separately stated on the applicable invoice.

(C) Billing and Payment of Charges
Usage charges and other charges shall be billed as incurred, and will be due no later than twenty-one (21) days after the date of the invoice.

Recurring charges shall be billed in advance after the Service Date is determined and will be due no later than twenty-one (21) days after the date of the invoice. Invoices not paid within twenty-one (21) days are subject to late charges and interest with interest compounded monthly at 1.5% per month, or such other amount otherwise allowed by law. In addition, failure to pay any past or currently due amounts may result in termination of service as described in these Terms and Conditions. Any billing errors shall be adjusted to the known date of error or for a period of one year, whichever is shorter. State and Federal Government agencies may be billed in arrears.

In the event that Company's computerized usage recording system fails or is otherwise unavailable for all or part of any billing period, Company shall be entitled to make a reasonable estimate of Customer's usage of services in the period in question for billing purposes.

(D) Direct Billing
Mark Twain Long Distance, Inc. may negotiate to provide direct billing to a Customer contingent upon limitations of either the LEC’s or Mark Twain Long Distance, Inc.’s billing software.

(E) Billing Disputes
In the event of a dispute between a Customer and Company regarding charges billed by Company, Company will investigate the particular case and report the results thereof to the Customer. During the period that the disputed amount is under investigation, Company will not pursue any collection procedures or assess late fees with regard to the disputed amount. The Customer shall be required to pay the undisputed part of the bill and, if not paid, Company may discontinue service.

A customer shall advise the Company that all or part of a charge is in dispute by written notice, in person or by a telephone message directed to the Company during regular business hours. A dispute must be registered with the Company prior to the delinquent date of a charge for the customer to avoid discontinuance of service as provided by these Terms and Conditions.

When a customer advises the Company that all or part of a charge is in dispute, the Company shall record the date, time and place the inquiry is made; investigate the matter promptly and thoroughly; and attempt to resolve the dispute in a manner satisfactory to both parties.

Failure of a customer to cooperate with the Company in efforts to resolve an inquiry which has the effect of placing charges in dispute shall constitute a waiver of the customer’s right to continuance of service under these Terms and Conditions.

If a customer disputes a charge, the customer shall pay an amount to the Company equal to that part of the total bill not in dispute. The parties shall consider the customer’s prior usage, the nature of the dispute and any other pertinent factors in determining the amount not in dispute. The Company shall not discontinue service for nonpayment of charges in dispute while the dispute is pending.

If the parties are unable to determine the amount not in dispute, the customer shall pay to the Company, at the Company’s option, an amount not to exceed fifty (50) percent of the charge in dispute or an amount based on usage during a like period under similar conditions which shall represent the amount not in dispute. The Company shall not discontinue service to a customer for nonpayment of charges in dispute while that dispute is pending.

Failure of the customer to pay to the Company the amount not in dispute within four (4) working days from the date the dispute is registered or by the delinquent date of the disputed bill, whichever is later, shall constitute a waiver of the customer’s right to continuance of service and the Company may then proceed to discontinue service as provided in these Terms and Conditions.

If the dispute is ultimately resolved in favor of the customer in whole or in part, the Company must promptly repay any excess monies paid by the customer.

If the dispute cannot be resolved to the satisfaction of the customer, the Company shall notify the customer of its’ right to make an informal complaint to the Commission, and of the address and telephone number where the customer may file an informal complaint with the Commission.

After resolution of the customer complaint, the Company may treat a second complaint based on the same facts as already determined.

(F) Deposits
To safeguard its interests, before a service is furnished, Company may require a Customer to make a deposit to be held as a guarantee for the payment of charges. A deposit does not relieve the Customer of the responsibility for the prompt payment of bills on presentation.

A present Customer may be required to post a deposit as a condition of continued service if undisputed charges have become delinquent, with delinquent meaning a payment not received on or before the due date as posted on the bill, in two (2) out of the last twelve (12) billing periods or if the customer has had service disconnected during the last twelve (12) months, or has presented a check, bank draft or electronic funds transfer is returned for insufficient funds or returned unpaid for any reason or if it is determined that a customer provided the company with false or incomplete information at the time service was first furnished or subsequently.

Interest will be paid for the period during which the deposit is held by the Company. After an initial thirty (30) days, the company will pay simple interest at the annual rate of 4% on the deposit, subject to the state law. The deposit will be returned upon satisfactory payment of all undisputed charges during the last 12 billing periods, or discontinuance of service.

(G) Discontinuance of Service
When a service is discontinued, the amount of a deposit, if any, will be applied to the Customer’s account and any credit balance remaining will be refunded. Before the service is discontinued, the Company may, at its option, return the deposit or credit it to the Customer’s account.

Company may refuse or discontinue service under the following conditions. Unless otherwise stated, the Customer will be given at least five (5) days written notice and allowed a reasonable time to comply with any rule or remedy any deficiency.

(1) For non-compliance with and/or violation of any state or municipal law, ordinance or regulation pertaining to telephone service.

(2) For the use of telephone service for any other property or purpose other than that described in the application.

(3) For failure to meet the Company’s credit requirements.

(4) For neglect or refusal to provide reasonable access to the Company for the purpose of inspection and maintenance of equipment owned by the Company.

(5) For non-compliance with and/or violation of the Commission’s regulations or the Company’s rules and regulations on file with the Commission, provided ten (10) working days written notice is given before termination.

(6) For non-payment of bills for telephone service. Suspension or termination of service shall not be made without at least five (5) days written notice to the Customer. Under no circumstances shall the Customer be terminated before twenty-one (21) days after the mailing date of the original unpaid bill.

(7) Without notice in the event of a Customer using equipment in such a manner as to adversely affect the Company’s equipment or the Company’s service to others. The Company shall notify the Customer immediately in writing and, if possible, orally of the reasons for the termination of refusal. Such notice shall be recorded by the Company and shall include the corrective action to be taken by the Customer or utility before service can be restored or provided.

(8) Without notice in the event of tampering with the equipment furnished and owned by the Company. The Company shall notify the Customer immediately in writing and, if possible, orally of the reasons for the termination of refusal. Such notice shall be recorded by the Company and shall include the corrective action to be taken by the Customer or utility before service can be restored or provided.

(9) Without notice in the event of unauthorized or fraudulent use of service. Within 24 hours after such termination, the Company shall send written notification to the Customer of the reasons for termination and inform the Customer of his/her right to challenge the termination by filing a formal complaint with the Commission. Whenever service is discontinued for fraudulent use of service, the Company may, before restoring service, require the Customer to make, at his/her own expense, all changes in facilities or equipment necessary to eliminate illegal use and to pay an amount reasonably estimated as the loss in revenues resulting from such fraudulent use.

(10) For failure of the Customer to make proper application for service.

(11) For Customer’s breach of the contract for service between the Company and the Customer. The Company shall notify the Customer immediately in writing and, if possible, orally of the reasons for the termination of refusal. Such notice shall be recorded by the utility and shall include the corrective action to be taken by the Customer or utility before service can be restored or provided. A notice will be considered delivered when mailed.

(12) When necessary for the Company to comply with any order or request of any governmental authority having jurisdiction.

Company shall incur no liability for such discontinuance, suspension or refusal to accept orders.

(H) Bill Format
Company’s monthly bill to each Customer consists of a billing summary of current charges, previous balance due and payments received and call detail pages. The bill includes the Company’s name, address and toll-free telephone number.

(I) Late Payment Penalties
A late penalty of 5% may be assessed only once on any bill for rendered services. Any payment received shall first be applied to the bill for service rendered. Additional penalty charges shall not be assessed on unpaid penalty charges.

(J) In the event the Company incurs fees or expenses, including attorney’s fees, court costs, costs of investigation and related expenses in collecting, or attempting to collect, any charges owed to the Company, the Customer will be liable to the Company for the payment of all such fees and expenses reasonably incurred.

7. Application of Rates
(A) Long Distance Message Telecommunications Service (LDMTS)
Long Distance Message Telecommunications Service (LDMTS) is offered on a Direct Distance Dialed basis or an Operator Assisted Basis. The rates are specified below.

The unit of measure used for timing of messages is one minute increments.

Fractional rates will be rounded to the nearest penny using the conventional rounding method.

(B) Assessment of New Fees
Mark Twain Long Distance, Inc. reserves the right to pass on to its customers all fees, taxes or surcharges assessed by any local, state or federal jurisdiction.

(C) Long Term Service Contract
The Company may create contracts for certain customers to enter into 12 month, 24 month, or longer service contracts that will have rate and charge options available to them for some or all of the services to which they subscribe. The rates and charges will be determined on an individual customer contract basis.

8. Description of Service and Rates
Message Toll Service (MTS)

(A) Standard Rate Plan
Mark Twain Long Distance, Inc. Standard Rate Plan Service is a switched access service. A flat rate per minute of use applies for Direct Dialed (1+) calls within the 48 contiguous states. These charges are applied uniformly to residence and business customers. Usage is billed in one-minute increments, rounded up.

Rate Per Minute: $0.13
(B) Optional Calling Plans

The optional calling plans below charge a flat rate for the plan purchased for Direct Dialed (1+) calls within the 48 contiguous states for customers who request this plan either by writing, in person or by phone. These charges are applied uniformly to residence and business customers. Any usage greater than the number of minutes included in each plan is billed at $0.12 per minute.

9. Operator Assisted Calls
The rates and charges for operator assisted interstate calls handled by the Company include an operator surcharge applicable to each billed interstate message in addition to the applicable MTS Rates above.

(A) Operator Assisted Surcharges
The applicable Operator Assisted Surcharge is assessed on the initial one minute rate period for each intrastate or interstate billed Operator Assisted call (except Directory Assistance). The service charge rate does not vary based on mileage bands nor the rate period.

(1) Directory Assistance - charge per each listing provided (applicable for Direct Dialed Requests, 0- Dialed Requests, 0+ Dialed Requests and Credit Card Calls).

(2) Operator Dialed Calls - charge per each call placed by an operator. Includes Third Number Billed, which allows a call to be billed to a station other than the calling or called station; and Collect Calls, which allows a call to be billed to the called station, if accepted by the called party. Also includes Operator Dialed Calls billed to a Credit Card.

(3) Automated Collect - charge for a collect call made without operator assistance.

(4) Automated Card - charge for a call made from a typical LEC (non-proprietary) calling card without operator assistance.

(5) Operator Station - surcharge applies when calls are completed with the assistance of an operator.

(6) Person to Person - allows the person originating the call to specify the party to be reached.

(7) Operator Access Surcharge - operator is asked to connect to another operator.

(B) Operator Assisted Surcharges
The company will pass on to the customer any pay-station surcharges imposed by the regulatory authority.

10. 800 Traveler’s Card
Upon application and at the Company’s satisfaction as to the credit worthiness of a Customer, the Customer may be issued a 1-800 based Traveler’s Card. Upon use of the authorization code issued with the 800 Traveler’s Card, the Customer will access the service.

It is the responsibility of the Customer to guard and protect against any unauthorized use of any Company issued codes to which billing may be charged.

Calls made using the 800 Traveler’s Card will be assessed a per call surcharge and per minute usage rates as described below. Customer will be billed for this service on their regular long distance service bill. The Customer has no property rights to 800, 888 or 877 numbers issued with 800 traveler’s card service.

(A) 800 Traveler’s Card Surcharge
The company will pass on to the customer any pay-station surcharges imposed by the regulatory authority. Interstate calls made with the Traveler’s Card may be subject up to the following per call surcharge.

Per Call Surcharge: $0.25

The per minute usage rate that will apply to all 800 Traveler’s Card calls is described below.

Per Minute of Use: $0.25

(C) Payphone Service Provider (PSP) Surcharge
A surcharge applies on all completed intrastate toll-free and 101XXXX access code calls, including any 800/888 or travel card calls, originating from a pay telephone. This surcharge is applied in addition to any other applicable service charges or surcharges. The surcharge does not apply to: calls paid for by inserting coins at the pay telephone; calls placed from stations other than a pay telephone.

PSP Surcharge Rate: $0.35 per call

The unit of measure used for timing of messages is whole minutes.

11. “800/888/877” Service
(A) Description of Service
Mark Twain Long Distance, Inc.’s “800/888/877” service is a common-line inward telecommunications service allowing a station to receive long distance calls without charge to the caller.

(B) Rates and Charges
The Company may impose a monthly subscription charge as well as a per-minute usage charge for all calls received. The Company will pass on to the customer any pay-station surcharges imposed by the regulatory authority. For an additional charge, customers can receive a monthly message detail listing all telephone calls received.

Usage charge: $0.20 per minute

Recurring subscription charge: $4.95 per month

Message detail: $2.00 per month

The company reserves the right to advertise and implement promotional rates as they see fit.

RATES FOR INTERNATIONAL SERVICE

a) International Rate Schedule